Assets beyond means reference: Court grants bail to Durrani, other accused

Orders inclusion of accused’s names in ECL, declares NAB’s investigation ‘unprofessional and unintelligent’

KARACHI: The Sindh High Court granted on Friday bails to Sindh Assembly Speaker Agha Siraj Durrani and others nominated in an assets beyond means reference, while ordering to include the accused's names in the Exit Control List. The decision comes days after Pakistan Peoples Party (PPP) co-chairman Asif Ali Zardari was granted bail by the Islamabad High Court on medical grounds.

The court also confirmed the bails of the accused including Agha Masihuddin, Tufail Ahmed, Mitha Khan, Shamshad Khatoon, Aslam Parvez, Zulfiqar Ali, Gulzar Ahmed and Shakeel Ahmed, who were out on interim bails.

It directed the accused to submit their passports and Rs1 million each as surety against their bails.

Issuing a written verdict on the pleas, a two-member bench of the high court, comprising Justice Omar Sial and Justice Zulfiqar Ali Sangi, also declared the National Accountability Bureau's (NAB) investigation of the case "unprofessional and unintelligent." The court has mentioned in the verdict that the allegations levelled by NAB in the reference "require further investigation."

Durrani appears before NAB in assets beyond means case

The anti-graft watchdog claimed to have found jewellery worth Rs120 million from the accused's possession but it failed to provide receipts as evidence of the items' purchase and price, the verdict states, adding that NAB has also been unable to produce any documentary evidence of its claim pertaining to the piece of land owned by Durrani's daughter.

According to the verdict, NAB failed to ascertain the exact cost of the land owned by Durrani, who comes from a family of agriculturists, and poor investigation of the case benefitted the accused.

The verdict declares that the raid by NAB on Durrani's house was "conducted in an unprofessional manner," and says that the anti-graft watchdog needs to "review its way of arresting the accused." Such behaviour by NAB will result in a loss that cannot be compensated for and it would be disappointing if the body adopts 'thana culture', the verdict states.

Further critiquing NAB's conduct, the verdict mentions that women were harassed during the raid [at Durrani's house] and questions as to why the accused cooperating with the watchdog body are arrested during the course of the inquiry. It asks of the NAB chairperson to "use his authority carefully" and take measures for imparting professional training to investigation officers.

If the suggested measures are not taken, the reputation of NAB, which has long been known for maintaining transparency, would be damaged, the verdict warns.

The high court had reserved the verdict on the bail pleas at the last hearing, while it termed NAB's investigation of the case "faulty and deplorable." It had remarked at the previous hearing that nobody should be disgraced during the course of the investigation.

Proceedings of the reference against Durrani and others are ongoing in an accountability court in Karachi. Of the accused, Durrani's wife and two sons are on the run.

Copied names

Meanwhile, at another hearing, Justice Salahuddin Panhwar sought the list of schools, colleges and universities running under names copied from those of renowned international institutions.

Assets beyond means case: Court orders NAB to declare accused on the run absconders

During the hearing, the court pointed out that it has become a trend among local institutes to copy the names of internationally recognised counterparts, a practice that is akin to "deceiving parents and students."

Names of renowned institutions are copied with the intent to create an impression of one's institution having a good repute, the court remarked, questioning whether it should be permitted. Also, taking notice of the dispute between the landlord and the administration of the UK Education Society, it asked how the school's name can be associated with that of UK Education. Seeking a list of all educational institutions running under the name of renowned counterparts, the court directed the provincial secretary for colleges and schools and Private Schools Association director general to submit a report in this regard.

Published in The Express Tribune, December 14^th, 2019.